Chelladurai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR Crl.O.P.(MD)Nos.20137, 20177 and 20210 of 2018 1 CHELLADURAI 2 MUTHUMEERA ... Petitioners/Accused Rank not known in CRL OP(MD). 20137/ 2018 1 MUNIYASAMY S/O.SUNDARAJ 2 V.MUNIYASAMY S/O.VELU 3 R.SENTHILKUMAR 4 S.MARISELVAN 5 V.C.NAGARAJAN 6 R.SARAVANAN 7 ARUNKUMAR 8 SATHISHKUMAR 9 RAVICHANDRAN 10 RAMAMOORTHI 11 JOSEPH AMALAN NEWTON 12 JEYASANKAR 13 SELVAM 14 SURIYA MANIKANDA PRABHU 15 SIVAKUMAR 16 RAJENDRAN 17 SABARIVASAN 18 RANJITHKUMAR 19 SAMYDURAI 20 MUTHUPANDI 21 DINESH 22 KOTTAICHAMY 23 SAMPATH 24 SYED ABUDHAHIR 25 NALLENDRAN 26 KAVIARASAN 27 R.SASIKUMAR 28 KARMEGAM 29 N.PANDIDURAI 30 MANIKANDAN 31 DINEKAR 32 SUBRAMANI 33 VIVEKANANDAN 34 C.RAJESH 35 SATHISHKUMAR
36 PADMANATHAN 37 ALAGUMUTHU ARIYAPPAN 38 MAHENDRAPANDIYAN 39 LINGAM 40 KALAIVANAN 41 SEENIMOHAMMED 42 I.K.SUBRAMANIAN 43 MURUGESAN 44 SENTHILKUMAR 45 PRABHU 46 SURESH 47 SARAVANAN 48 RETHINAMOORTHI 49 ANNADURAI 50 R.M.KANNAN 51 G.MURUGABOOPATHI 52 HARIKRISHNAN 53 MUKUNDAN 54 MUTHURAMALINGAM 55 M.KUMANAN 56 VILVAKANI 57 MUTHUMEERA 58 SIVAKUMAR 59 K.RAJARAMPANDIYAN 60 SARAVANAN 61 S.I.UTHIRAKUMAR 62 M.G.MUTHUKUMAR 63 MURUGAN ... Petitioners/Accused Rank not known in CRL OP(MD). 20177/ 2018 VEERAPERUMAL ... Petitioner/Accused Rank not known in CRL OP(MD). 20210/ 2018 - Vs. - THE INSPECTOR OF POLICE, KAMUTHI POLICE STATION, RAMNAD DISTRICT.
(CRIME NO. 224 OF 2018) ... Respondent/Complainant in all the Petitions For Petitioner : MR.G.VISHNURAM, Advocate in CRL OP(MD). 20137/2018 : MR.K.ANBARASAN, Advocate in CRL OP(MD). 20177/2018 : MR.A.UTHAYAKUMAR in CRL OP(MD). 20210/2018 For Respondent : MR.S.CHANDRASEKAR, Additional Public Prosecutor in all the Petitions
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are arrayed as Accused in Cr.No.224 of 2018 on the file of the respondent Police. Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148,149 and 504 of IPC r/w Section 3(1) of TNPPDL Act, 1992, in Crime No.224 of 2018, they seek anticipatory bail.
2. The case of the prosecution is that on 30.10.2018, on the date of Thevar Jayanthi, the petitioners are said to have damaged the flex board displayed in and around the Pasumpon village. The petitioners belong to different political parties and in the above crime number, 18 persons are named and several persons who had indulged in damaging the flex board are unnamed. Admittedly, the petitioner's name does not find place in the F.I.R.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have nothing to do with the alleged crime. He would further submit that the petitioners are willing to co-operate with the investigation and abide by investigation. He would also submit that 53 persons were arrested and granted bail in this case without any condition. Hence, anticipatory bail may be granted to these petitioners. 4.The learned Government Advocate (Crl.Side) appearing for the respondent, on instructions, would submit that video footings have been taken and after verifying the same, identity of the persons,who indulged in act would be identified and their names would be added in the crime. However, he strongly objected for grant of anticipatory bail by stating that the petitioners herein were motivated by the rival group and flex board was also damaged by the petitioners.
5.Admittedly, the occurrence took place on 30.10.2018. But, till today, identity of the persons have not been identified. Considering the above facts, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions; 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Kamudhi, Ramanathapuram District, on condition that the petitioners shall each execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that;
[a] if the petitioners failed to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.
[b] the petitioners shall report before the respondent Police daily at 10.00 a.m for a period of one week, thereafter as and when required for interrogation;
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners shall not abscond either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 23/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, KAMUDHI, RAMANATHAPURAM DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.
3 THE INSPECTOR OF POLICE, KAMUTHI POLICE STATION, RAMNAD DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.G.VISHNURAM Advocate SR.No. 22194 +1. C.C. to M/S.A.UTHAYA KUMAR Advocate SR.No. 22158
ORDER
IN Crl.O.P.(MD)Nos.20137, 20177 and 20210 of 2018 Date :23/11/2018 JM/VR MMS/SAR 1/07.12.2018/4P/7C